kids bags collected on the wall at a daycare

Daycare Injury Lawyer

Parents trust daycare providers with something they can't get back if it goes wrong. When a facility cuts corners—understaffing a room, ignoring a hazard, hiring someone they shouldn't have—the child who gets hurt is the one who pays. Ali Law Group holds negligent daycare facilities accountable across Texas.

Texas Doesn't Leave Daycare Safety to Guesswork

Licensed daycare centers in Texas operate under specific rules, not general good intentions. The Texas Health and Human Services Commission enforces Minimum Standards under Chapter 746 of the Texas Administrative Code — required staff-to-child ratios, active supervision at all times, background checks and training for every employee, safe playground surfacing, and mandatory reporting when a child is injured. These aren't suggestions a facility can choose to follow loosely.

That matters for your case. A daycare that was short-staffed the day your child got hurt, or that skipped a background check, or that had a caregiver on their phone instead of watching the room, wasn't just unlucky — it was operating outside what Texas law requires. A documented standards violation is often the strongest evidence in a daycare negligence claim, sometimes strong enough to establish negligence on its own.

In February 2026, Ali Law Group and co-counsel Kherkher Garcia, LLP filed a lawsuit on behalf of a Bexar County family against a San Antonio-area daycare, its parent company, and a former staff member, after the family's three-year-old was allegedly injured at the facility. The suit accused the daycare of gross negligence, pointing specifically to failures in hiring, training, and staff supervision — the same issues this page is about. Read more about this case.

Common Causes of Daycare Injuries

A lot of it comes down to staffing. Texas requires one adult for every eleven toddlers in care — drop below that ratio because a caregiver called in sick and nobody covered the gap, and that's usually the exact moment a child climbs somewhere they shouldn't with no one close enough to stop it.

Other common causes of injuries come from the property itself or the people hired to run it: broken playground equipment, surfacing that should have cushioned a fall and didn't, a hazard someone reported that never got fixed, a background check that got skipped. From the outside, all of it looks like an accident. The records usually say otherwise.

Proving a Daycare Negligence Claim in Texas

Say a daycare only has one caregiver watching fourteen kids because someone called in sick and no one covered the shift — that gap alone is already a breach of a legal duty, before anything else even happens.

From there, we still have to connect it to your child's injury and show real, documented costs, not just what happened in general. We build that case from HHSC inspection and violation history, staff training and background-check records, incident reports, and video footage where it exists.

What to Do After a Daycare Injury

Get your child seen by a doctor right away, even if the injury looks minor — document everything the daycare tells you about what happened, since incident reports have a way of getting vague when a facility is worried about liability. Get names from any staff or other parents who saw what happened, and ask directly whether the daycare has reported the incident to HHSC, since Texas law requires that for injuries needing medical treatment.

Before you talk to the daycare's insurance company or sign anything, it's worth talking to a daycare injury attorney first. Insurers representing a childcare facility aren't working for your family's interests, and that conversation with us is free.

What Compensation Can Cover

What your family can recover depends on the injury and what you can document, not a fixed formula. Medical treatment is usually the starting point — immediate care and ongoing treatment or therapy if your child isn't fully healed. From there, it can include the emotional toll on your child and family, how the injury affects your child's development going forward, and lost wages if you had to miss work to care for them.

Prior results do not guarantee a similar outcome. Every case is decided on its own facts.

How Ali Law Group Investigates These Cases

Daycare cases usually turn on records the facility and the state both keep. We pull the daycare's HHSC licensing and inspection history — prior violations, ratio citations, complaints — along with staff training and background-check files, and we compare all of it against what actually happened the day your child was hurt. A facility with a clean public reputation can still have a documented history of cited violations that never made it into a parent's hands until we go looking.

Ali Law Group represents families across Texas from its San Antonio and Houston offices.

Daycare Injury FAQs

What counts as daycare negligence?

Any failure to meet the standard of care a reasonably careful facility would provide — understaffing, inadequate supervision, unsafe premises, or staff who weren't properly trained or background-checked are the most common versions we see.

Can I sue a daycare for abuse?

Yes. If a staff member physically abused your child, or the daycare knew about a risk and failed to act, b oth the individual and the facility can potentially be held responsible — often under the same negligent hiring and supervision theory covered above. If the abuse was sexual in nature, our Texas Child Sexual Abuse Lawyers page covers what's different about those claims, including Texas's extended filing deadlines.

Can you sue a daycare for negligence in Texas?

Yes, if your child was hurt because the daycare facility failed in its duty to keep them safe. That can mean the daycare directly, an individual staff member, or both, depending on what happened.

How do you prove negligence in a daycare case?

Usually through a combination of incident reports, HHSC licensing and violation history, staff records, witness statements, and sometimes video footage. A documented ratio or standards violation on the day of the incident carries real weight.

What determines how much a daycare injury claim is worth?

It depends entirely on the specifics — the severity of the injury, the medical costs involved, and the long-term impact on your child. We don't quote a range before reviewing your case, because any number given without that review wouldn't mean anything.

How long do I have to file a claim in Texas?

Generally, two years from the date of the injury. Acting sooner matters, since HHSC records and daycare video footage don't stay available indefinitely.

How much does a lawyer cost at Ali Law Group?

Nothing upfront, and nothing if we lose. Our fee comes out of the settlement only if we win. The case review is free.

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Child Injured at Daycare?
Find Out What Happened.

If your child was hurt at a Texas daycare, Ali Law Group can look into whether the facility followed the safety standards it was legally required to meet.